DOC FILM SHOW REVOLUTIONARY ROLE OF HIGH COURT JUSTICE RBG
By
Margaretta wa Gacheru (posted 19 September 2020
Ruth Bader Ginsberg
died September 18th of colon cancer. But the legal legacy of ‘Notorious
RBG’ as she is known to her many millennial fans, will live on thanks to both
the trail-blazing role she played arguing against gender discrimination up to
the US Supreme Court and to the documentary film, ‘RBG’ about her life. The doc
film and the book ‘Notorious RBG’ both came out in 2018.
There are
actually two films that came out that year about RBG, who was only the second
female to become a United States Supreme Court Justice. The other was a
romanticized version which (like the documentary) highlights her remarkably
successful marriage to fellow lawyer, Marty Ginsberg, whom she credits as being
the key to her pioneering career.
Having seen
both films, I prefer the documentary just because the woman herself is present in
a large part of it. Beautifully edited to include film footage, photographs,
interviews with those who knew her well, and embellished with observations from
RBG herself, the film is wonderfully upbeat. For instance, in one interview,
she is asked if she knows how she got nicknamed ‘Notorious R.B.G’. She responds
that it comes from the Rapper ‘Notorious B.I.G’ whose rap music we hear as part
of the film’s mixed musical soundtrack.
The film also
elaborates on her remarkable journey from a lower middle class upbringing in
the Bronx in New York all the way to first
Cornell University, then Harvard Law and Cornell Law Schools, to tenured
professor and practicing human rights lawyer with the ACLU up to her
appointment (by President Bill Clinton in 1993) to Supreme Court Justice.
What both
films make crystal clear is the way RBG reshaped the course of American history
by first identifying and then arguing against sex (or gender) discrimination
even before she was a Justice. Basing all her arguments on the US Constitution,
the first legal precedent she set was before the High Court in relation to the
14th Amendment. That is the one providing ‘equal protection’ to ‘all
persons’ under the law. Her persuasive argument was that women were included as
persons. Just as Thurgood Marshall, the first African American Supreme Court
Justice argued (before her) that African Americans were ‘persons’ and therefore
protected by the 14th, so she too strove for social justice and
equal rights among the sexes using legal means; and it worked. She effectively
revolutionized the rule of law in the US.
But her
successes are under assault right now. With her passing, the liberal wing of
the Supreme Court could lose the progress made by both RBG and Justice Marshall
with a US Senate appointment of a conservative justice.
This is one
reason why this film is so timely. It provides the context for understanding both
the revolutionary impact that RBG made both legally and culturally. And it
amplifies the issues at stake which not only affect women and men in the US.
They could have a ripple effect internationally as well.
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